Regulations, 2003

L.N. 378 of 2003

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (The Democratic Republic of Congo)

Regulations, 2003

IN EXERCISE of the powers conferred by article 3 of the National

Interest (Enabling Powers) Act, the Prime Minister has made the following

regulations>–

The title of these regulations is the United Nations Sanctions Citation.

(The Democratic Republic of Congo) Regulations, 2003.

In these regulations, unless the context otherwise requires –

(Regulation 3)

Resolution 1493 (2003) Adopted by the Security Council at its 4797th meeting,

on 28 July 2003

The Security Council,

Recalling its previous resolutions and the statements by its President concerning

the Democratic Republic of the Congo,

Reaffirming its commitment to respect for the sovereignty, territorial integrity

and political independence of the Democratic Republic of the Congo and all the States

of the region,

Reaffirming also the obligations of all States to refrain from the use of force

against the territorial integrity and political independence of any State or in any other

manner incompatible with the purposes and principles of the United Nations,

Concerned by the continued illegal exploitation of the natural resources of the

Democratic Republic of the Congo, and reaffirming in this regard its commitment to

respect for the sovereignty of the Democratic Republic of the Congo over its natural

resources,

Welcoming the conclusion of the Global and All Inclusive Agreement on the

Transition in the Democratic Republic of the Congo (signed in Pretoria on 17 December

2002), and the subsequent establishment of the Government of National unity and

Transition,

Deeply concerned by the continuation of hostilities in the eastern part of the

Democratic Republic of the Congo, particularly in North and South Kivu and in Ituri,

and by the grave violations of human rights and of international humanitarian law that

accompany them,

Recalling that it is incumbent on all the parties to cooperate in the overall

deployment of the United Nations Organization Mission in the Democratic Republic

of the Congo (MONUC),

Renewing its support to the Interim Emergency Multinational Force deployed in

Bunia and stressing the need to ensure effective and timely replacement of the Force,

as requested in resolution 1484 (2003), to contribute in the best way to the stabilization

of Ituri,

Taking note of the second special report of the Secretary-General on MONUC, of

27 May 2003 (S#2003#566), and of its recommendations,

Taking note also of the report of the Security Council Mission to Central Africa,

of 18 June 2003 (S#2003#653),

Noting that the situation in the Democratic Republic of the Congo continues to

constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Expresses satisfaction at the promulgation, on 4 April 2003, of the Transitional

Constitution in the Democratic Republic of the Congo and at the formation, announced

on 30 June 2003, of the Government of National unity and Transition, encourages the

Congolese parties to take the necessary decisions in order to allow the transitional

institutions to begin functioning effectively, and encourages them also in this regard

to include representatives of the interim institutions that emerged from the Ituri

Pacification Commission in the transitional institutions<

2. Decides to extend the mandate of MONUC until 30 July 2004<

3. Notes with appreciation the recommendations in the second special report of

the Secretary-General and authorizes increasing the military strength of MONUC to

10,800 personnel<

4. Requests the Secretary-General to ensure, through his Special Representative

for the Democratic Republic of the Congo, who convenes the International Committee

in support of the Transition, the coordination of all the activities of the United Nations

system in the Democratic Republic of the Congo, and to facilitate coordination with

other national and international actors of activities in support of the transition<

5. Encourages MONUC, in coordination with other United Nations agencies,

donors and non-governmental organizations, to provide assistance, during the transition

period, for the reform of the security forces, the re-establishment of a State based on

the rule of law and the preparation and holding of elections, throughout the territory of

the Democratic Republic of the Congo, and welcomes, in this regard, the efforts of the

Member States to support the transition and national reconciliation<

Interpretation.

“the Act” means the National Interest (Enabling Powers) Act<

“MONUC” means the United Nations Organization Mission

in the Democratic Republic of the Congo.

For the purpose of article 3(4) of the Act, Resolution number Text of Resolution

1493 (2003).

1493 (2003) adopted by the Security Council of the United Nations on

the 28th July, 2003 is published in the English language in the First

Schedule to these regulations.

(1) Notwithstanding the provisions of any other law, and Prohibition of sale

or supply of arms or

subject to subregulation (2) of this regulation, the supply, sale or transfer, related materiel etc.

in any manner whatsoever, by any person in Malta or by any citizen or

permanent resident of Malta, whether in Malta or elsewhere, or by using

a Maltese registered vessel or a Maltese registered aircraft, of any arms

or related matériel of all types, and the provision of any assistance,

advice or training related to military activities, to foreign and Congolese

armed groups and militias operating in the territory of North and South

Kivu and of Ituri, and to groups not party to the Global and All-inclusive

agreement, in the Democratic Republic of Congo, shall be prohibited.

(2) The provisions of subregulation (1) of this regulation

shall not apply to –

(a) supplies to MONUC, the Interim Emergency

Multinational Force deployed in Bunia, and the integrated

Congolese national army and police force<

(b) supplies of non-lethal military equipment intended solely

for humanitarian or protective use, and related technical assistance

and training as notified in advance to the Secretary-General through

its Special Representative.

Any person found guilty of an offence against these regulations

Penalty.

shall, on conviction, be liable to a fine (multa) not exceeding fifty

thousand Maltese liri.

Approves the temporary deployment of MONUC personnel intended, during

the first months of the establishment of the transitional institutions, to participate in a

multi-layer security system in Kinshasa in accordance with paragraphs 35 to 38 of the

second special report of the Secretary-General, approves also the reconfiguration of

the MONUC civilian police component as outlined in paragraph 42 of that report, and

encourages MONUC to continue to support police development in areas of urgent

need<

Encourages donors to support the establishment of an integrated Congolese

police unit and approves the provision by MONUC of the additional assistance that

might be needed for its training<

Strongly condemns the acts of violence systematically perpetrated against

civilians, including the massacres, as well as other atrocities and violations of

international humanitarian law and human rights, in particular, sexual violence against

women and girls, stresses the need to bring to justice those responsible, including

those at the command level, and urges all parties, including the Government of the

Democratic Republic of the Congo, to take all necessary steps to prevent further

violations of human rights and international humanitarian law, in particular those

committed against civilians<

Reaffirms the importance of a gender perspective in peacekeeping operations

in accordance with resolution 1325 (2000), recalls the need to address violence against

women and girls as a tool of warfare, and in this respect encourages MONUC to continue

to actively address this issue< and calls on MONUC to increase the deployment of

women as military observers as well as in other capacities<

Reaffirms that all Congolese parties have an obligation to respect human rights,

international humanitarian law and the security and well-being of the civilian population<

Urges the Government of National unity and Transition to ensure that the

protection of human rights and the establishment of a State based on the rule of law

and of an independent judiciary are among its highest priorities, including the

establishment of the necessary institutions as reflected in the Global and Allinclusive

agreement, encourages the Secretary-General, through his Special Representative, and

the United Nations High Commissioner for Human Rights to coordinate their efforts

in particular to assist the transitional authorities of the Democratic Republic of the

Congo in order to put an end to impunity, and encourages also the African Union to

play a role in this regard<

States that it is profoundly preoccupied by the humanitarian situation

throughout the country and, in particular, in the eastern regions, and demands that all

the parties guarantee the security of the civilian population thereby enabling MONUC

and humanitarian organizations to have total, unrestricted and immediate access to the

population groups in need<

Strongly condemns the continued recruitment and use of children in the

hostilities in the Democratic Republic of the Congo, especially in North and South

Kivu and in Ituri, and reiterates the request addressed to all the parties, in Security

Council resolution 1460 (2003) to provide the Special Representative of the Secretary-

General with information on the measures that they have taken to put an end to the

recruitment and use of children in their armed components, as well as the requests

concerning the protection of children set forth in resolution 1261 (1999) and subsequent

resolutions<

Strongly condemns the continuing armed conflict in the eastern part of the

Democratic Republic of the Congo especially the serious ceasefire violations that

occurred recently in North and South Kivu, including in particular the offensives by

the Congolese Rally for Democracy (RCD-Goma), demands that all the parties, in

compliance with the Bujumbura “Acte d’Engagement” of 19 June 2003, establish

without delay or precondition the full cessation of hostilities and withdraw to the

positions agreed to in the Kampala#Harare disengagement plans, and that they refrain

from any provocative action<

Demands that all the parties desist from any interference with freedom of

movement of United Nations personnel, recalls that all the parties have the obligation

to provide full and unhindered access to MONUC to allow it to carry out its mandate,

and asks the Special Representative of the Secretary-General to report any failure to

comply with this obligation<

Expresses concern at the fact that the continuing hostilities in the eastern part

of the Democratic Republic of the Congo are seriously compromising MONUC action

in the process of the disarmament, demobilization, repatriation, reintegration or

resettlement (DDRRR) of the foreign armed groups referred to in chapter 9.1 of the

Lusaka Ceasefire Agreement (S#1999#815), urges all the parties concerned to cooperate

with MONUC and underscores the importance of making rapid and appreciable progress

in that process<

Authorizes MONUC to assist the Government of National Unity and Transition

in disarming and demobilizing those Congolese combatants who may voluntarily decide

to enter the disarmament, demobilization and reintegration (DDR) process within the

framework of the Multi-Country Demobilization and Reintegration Programme, pending

the establishment of a national DDR programme in coordination with the United Nations

Development Programme and other agencies concerned<

Demands that all States and in particular those in the region, including the

Democratic Republic of the Congo, ensure that no direct or indirect assistance, especially

military or financial assistance, is given to the movements and armed groups present

in the Democratic Republic of the Congo<

Demands that all parties provide full access to MONUC military observers,

including in ports, airports, airfields, military bases and border crossings, and requests

the Secretary-General to deploy MONUC military observers in North and South Kivu

and in Ituri and to report to the Security Council regularly on the position of the

movements and armed groups and on information concerning arms supply and the

presence of foreign military, especially by monitoring the use of landing strips in that

region<

Decides that all States, including the Democratic Republic of the Congo, shall,

for an initial period of 12 months from the adoption of this resolution, take the necessary

measures to prevent the direct or indirect supply, sale or transfer, from their territories

or by their nationals, or using their flag vessels or aircraft, of arms and any related

materiel, and the provision of any assistance, advice or training related to military

activities, to all foreign and Congolese armed groups and militias operating in the

territory of North and South Kivu and of Ituri, and to groups not party to the Global

and All-inclusive agreement, in the Democratic Republic of the Congo<

Decides that the measures imposed by paragraph 20 above shall not apply to>

– supplies to MONUC, the Interim Emergency Multinational Force deployed in

Bunia and the integrated Congolese national army and police forces<

– supplies of non-lethal military equipment intended solely for humanitarian or

protective use, and related technical assistance and training as notified in advance to

the Secretary-General through its Special Representative<

Decides that, at the end of the initial 12 months, the Security Council will

review the situation in the Democratic Republic of the Congo and in particular in the

eastern part of the country, with a view to renewing the measures stipulated in paragraph

20 above if no significant progress has been made in the peace process, in particular an

end to support for armed groups, an effective ceasefire and progress in the DDRRR by

foreign and Congolese armed groups<

Expresses its determination closely to monitor compliance with the measures

laid down in paragraph 20 and to consider necessary steps to ensure the effective

monitoring and implementation of these measures, including the possible establishment

of a monitoring mechanism<

Urges the States neighbouring the Democratic Republic of the Congo,

particularly Rwanda and Uganda, which have an influence over movements and armed

groups operating in the territory of the Democratic Republic of the Congo, to exercise

a positive influence on them to settle their disputes by peaceful means and join in the

process of national reconciliation<

Authorizes MONUC to take the necessary measures in the areas of deployment

of its armed units, and as it deems it within its capabilities>

– to protect United Nations personnel, facilities, installations and equipment<

– to ensure the security and freedom of movement of its personnel, including in

particular those engaged in missions of observation, verification or DDRRR<

– to protect civilians and humanitarian workers under imminent threat of physical

violence<

– and to contribute to the improvement of the security conditions in which

humanitarian assistance is provided<

Authorizes MONUC to use all necessary means to fulfil its mandate in the

Ituri district and, as it deems it within its capabilities, in North and South Kivu<

Requests the Secretary-General to deploy in the Ituri district, as soon as possible,

the tactical brigade-size force whose concept of operation is set out in paragraphs 48 to

54 of his second special report, including the reinforced MONUC presence in Bunia

by mid-August 2003 as requested in resolution 1484 (2003), particularly with a view

to helping to stabilize the security conditions and improving the humanitarian situation,

ensuring the protection of airfields and displaced persons living in camps and, if the

circumstances warrant it, helping to ensure the security of the civilian population and

the personnel of the United Nations and the humanitarian organizations in Bunia and

its environs and eventually, as the situation permits, in other parts of Ituri<

Condemns categorically the illegal exploitation of the natural resources and

other sources of wealth of the Democratic Republic of the Congo and expresses its

intention to consider means that could be used to end it, awaits with interest the report

to be submitted shortly by the group of experts on such illegal exploitation and on the

link that exists between it and the continuation of hostilities, and demands that all

parties and interested States offer full cooperation to the group of experts<

Encourages the Governments of the Democratic Republic of the Congo,

Rwanda, Uganda and Burundi to take steps to normalize their relations and cooperate

in assuring mutual security along their common borders, and invites these Governments

to conclude good-neighbourly agreements among themselves<

Reaffirms that an international conference on peace, security, democracy and

development in the Great Lakes region of Africa, with participation by all the

Governments of the region and all the other parties concerned, should be organized at

the appropriate time under the aegis of the United Nations and the African Union with

a view to strengthening stability in the region and working out conditions that will

enable everyone to enjoy the right to live peacefully within national borders<

Reiterates its support unreservedly for the Special Representative of the

Secretary-General and for all MONUC personnel, and for the efforts they continue to

make to assist the parties in the Democratic Republic of the Congo and in the region to

advance the peace process<

Decides to remain actively seized of the matter.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press